Research › Search › Judgment

Himachal Pradesh High Court · body

2013 DIGILAW 869 (HP)

RAJ KRISHAN v. STATE OF H. P.

2013-10-04

RAJIV SHARMA, SANJAY KAROL

body2013
JUDGEMENT SANJAY KAROL, J. 1. PETITIONER has prayed mainly for following reliefs: "A). Issue a writ of certiorari or any other appropriate writ or directions quashing the impugned orders dated 27 09 2013 (Annexure P 6) and 17 05 2013 (Annexure P 2). B. That writ in the nature of mandamus may kindly be also issued and the respondents may kindly be directed to allow the present petitioner to continue at present place of posting i.e Municipal Council Hamirpur, District Hamirpur, H.P" 2. VIDE order dated 17th May, 2013 (Annexure P 2) petitioner Raj Krishan, who is working as an Executive Officer in Municipal Council stands transferred from Municipal Council Hamirpur to Muncipal Council, Kangra vice Shri Kishori Lal Thakur, respondent No. 4. In terms of very same order, Shri Vijay Kumar, private respondent No.3, was also transferred and brought in place of the present petitioner. Aggrieved thereof, Sh. Vijay Kumar filed a petition (CWP No. 6435 of 2013) which was disposed of by this Court vide judgment dated 24.9.2013. Shri Kishori Lal Thakur and Sh. Raj Krishan also filed CWP Nos. 3131/2013 and 3194/2013, which were disposed of by this Court vide judgments dated 20.5.2013 and 22.5.2013 respectively. In fact, this Court directed the Principal Secretary Urban Development to the Government of Himachal Pradesh to decide the representations of all the effected parties, after affording adequate opportunity of hearing to them. 3. THE Principal Secretary, Urban Development has now decided the representations of all the parties, vide impugned order dated 27.9.2013 (Annexure P 6). 4. HAVING heard learned counsel for the petitioner, we are of the considered view that no error can be found with the impugned order. Personal hearing stands afforded to all concerned. Noticeably present petitioner, who hails from District Hamirpur has remained posted through out his service career in an around his home place/District. With effect from 2003 to 2005 he was posted at Naina Devi Ji and from 4.6.2010 up to 31.3.2012 he was posted at Nalagarh, which is just at a short distance from his place of permanent residence. On the other hand private respondent No.3 Vijkay Kumar, who also hails from Hamirpur has served at various places in District Shimla. Respondent No.3, Vijay Kumar has not completed his normal tenure of posting and as such has not been disturbed. 5. On the other hand private respondent No.3 Vijkay Kumar, who also hails from Hamirpur has served at various places in District Shimla. Respondent No.3, Vijay Kumar has not completed his normal tenure of posting and as such has not been disturbed. 5. THE decision to transfer out the petitioner and post him at Kangra cannot be said to be perverse and arbitrary. In fact transfer is effected in public interest, based on administrative exigency. As such, present petition devoid of merit is dismissed. 6. PENDING application(s), if any, also stand dismissed.